How the Court Determines Alimony Obligations

spousal supportAlimony, or spousal support, are the payments one former spouse makes to another after they divorce. Spousal support is not based on gender, but rather on income and resources, among several other specific factors. When determining spousal support, a judge will also take into account:

  • The income of both spouses, from all sources, including income derived from property awarded during the divorce proceeding.
  • Earning capability of both parties.
  • The age, physical, mental, and emotional conditions of both parties.
  • The retirement benefits of both parties.
  • Length of the marriage.
  • Education level of both parties.
  • The relative assets and liabilities of each party.
  • The standard of living the spouses established during their marriage.
  • Contributions either spouse made to the education, training, or earning ability of the other spouse.
  • Time and expenses necessary for the spouse who is seeking spousal support to obtain education, training, or job experience to become qualified for appropriate employment.
  • How spousal support may affect each spouse’s taxes.
  • Lost income production capacity of either spouse that resulted from marital responsibilities, such as raising children or maintaining the home.
  • Any other factor a court may find relevant.

Spousal support can either go on indefinitely, end on a specific date, or be modified based on specific events happening in the lives of either party, such as the recipient remarrying. Even permanent support is not always technically permanent. A change in circumstances, such as retirement or altered economic conditions may also provide cause for modifying support.

The Columbus family law attorneys at Grossman Law Offices are ready to help you prepare and navigate the divorce process. We understand that divorce can be an overwhelming experience, which is why hiring skilled and compassionate representation is a crucial part of ensuring the process goes smoothly and you receive the best settlement possible.

Call us today at (614) 344-4311.

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